A car accident can leave you feeling overwhelmed and unsure of what to do next. Whether it’s a serious crash or catastrophic injury or death, taking the right steps can protect you, your loved ones, your legal rights, and your ability to claim compensation.
If you’ve been in a car accident in Charleston, South Carolina, this guide will help you navigate the process effectively, from ensuring safety at the scene to understanding your legal options.
1. Ensure Safety and Call Emergency Services
The moments immediately after an accident are critical. Acting quickly can prevent further harm and ensure that help arrives as soon as possible.
Steps to Take Immediately After a Crash
- Check for injuries – Assess yourself, passengers, and anyone involved for signs of injury. If you or anyone else is hurt, call 911 right away.
- Move to a safe location – If the accident is minor and there are no serious injuries, move vehicles out of traffic to prevent further collisions.
- Call 911 – South Carolina law requires drivers to report accidents involving injuries, fatalities, or significant property damage. Law enforcement will document the scene and file an official police report.
- Wait for emergency responders – Stay at the scene and follow instructions from the police, paramedics, and fire department personnel.
Tip: Leaving before law enforcement arrives can result in hit-and-run charges.
2. Document the Accident Scene for Evidence
Proper documentation is crucial when filing an insurance claim or pursuing legal action. The more evidence you collect, the stronger your case will be.
What Information to Gather
- Photographs and videos – Capture images of vehicle damage, road conditions, skid marks, traffic signals, witnesses, and any visible injuries.
- Exchange details with other drivers – Obtain names, phone numbers, driver’s license numbers, and insurance information from all involved parties.
- Witness statements – If anyone saw the accident, ask for their contact information and a brief statement. Witnesses can help support your version of events.
- Police report – Request a copy of the police report. This document serves as an official record of the accident and may be crucial in insurance claims or lawsuits.
Why This Matters: A well-documented accident scene helps determine liability and prevents false claims from the other party.
3. Avoid Admitting Fault or Speculating on the Cause
It’s natural to want to apologize after an accident, but doing so could be interpreted as admitting guilt.
How to Protect Your Legal Rights
- Stick to the facts – When speaking with police, insurance adjusters, or other drivers, only provide factual information without guessing, speculating or assuming blame.
- Do not admit fault – Even if you think you may have contributed to the accident, liability is determined by an investigation, not personal opinion.
- Be mindful of recorded statements – If an insurance company asks for a recorded statement, consult with a lawyer before agreeing.
Remember: South Carolina follows comparative negligence laws, meaning your compensation may be reduced if you are found partially at fault.
4. Seek Medical Attention
Not all injuries are immediately visible. Adrenaline can mask pain, and symptoms of conditions like whiplash or internal injuries may appear days later. Just because you may feel ok immediately after, pain and problems can develop.
Why Medical Records Matter
- Document injuries for insurance claims – If you wait too long to see a doctor, the insurance company may argue that your injuries are unrelated to the accident.
- Prevent long-term health complications – Some injuries, like concussions, require immediate medical evaluation to avoid serious consequences.
- Create a paper trail – Medical bills, doctor’s notes, and diagnostic reports can serve as evidence if you decide to file a personal injury claim.
Tip: Keep all medical receipts and prescriptions. These documents are essential when calculating compensation for medical expenses.
5. Notify Your Insurance Company and File a Claim
South Carolina law requires drivers to carry minimum liability insurance. The the at-fault driver is financially responsible for damages.
How to File an Insurance Claim
- Report the accident promptly – Most policies require you to notify your insurer within a reasonable timeframe.
- Provide accurate details – Stick to the facts and avoid speculating about fault.
- Submit supporting documents – Include photos, police reports, medical records, and repair estimates.
- Negotiate wisely – Insurance companies may offer a low settlement initially. If the amount doesn’t cover your damages, you have the right to negotiate or seek legal help.
South Carolina Minimum Insurance Requirements:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
Understanding Charleston’s Car Accident Laws
South Carolina’s laws play a significant role in determining fault and compensation in a car accident case.
Key Legal Considerations
- At-Fault System: The person responsible for the accident is liable for damages. Victims can seek compensation from the at-fault driver’s insurance.
- Comparative Negligence Rule: If you’re found less than 51% at fault, you may still recover compensation, but it will be reduced based on your percentage of fault.
- Statute of Limitations: Typically, there is three years from the accident date to file a personal injury or property damage lawsuit in South Carolina. However, that may vary depending on who caused the collision. You should consult a lawyer to make sure a claim is timely made.
Legal Insight: Missing the deadline to file a claim can result in losing your right to seek compensation.
When to Contact a Charleston Car Accident Lawyer
Handling a car accident claim alone can be challenging, especially if the insurance company disputes your claim and unreasonably slows down the process.
Situations That Require Legal Help
- Severe injuries or long-term disability – A lawyer can help you secure fair compensation for ongoing medical costs and lost wages.
- Insurance disputes – If an insurer denies your claim or offers a low settlement, an attorney can negotiate on your behalf.
- Liability disputes – If the other driver blames you, a lawyer can gather evidence and defend your rights.
- Wrongful death claims – If a loved one was killed in a car accident, an attorney can help file a wrongful death lawsuit.
Need Legal Assistance? A Charleston car accident lawyer can help you understand your rights and maximize your compensation.
Common Mistakes to Avoid After a Car Accident
Many drivers unknowingly hurt their own cases by making common mistakes. Here’s what NOT to do:
- Leaving the scene without reporting the accident – This could lead to criminal charges.
- Delaying medical treatment – Waiting too long to see a doctor can weaken your injury claim.
- Accepting the first insurance offer – The first settlement is often lower than what you deserve.
- Posting on social media – Insurance companies may use your posts against you.
Final Tip: Before signing any documents from an insurance company or speaking with an insurance company, consult with a lawyer to ensure you’re receiving fair compensation.
Conclusion
Knowing what to do after a car accident in Charleston and the lowcountry can make all the difference in protecting your rights and securing fair compensation. By following these steps—ensuring safety, documenting the scene, seeking medical attention, and understanding South Carolina’s legal framework—you can navigate the aftermath of a crash with confidence.
If you’re facing challenges with your insurance claim or need legal guidance, consider consulting a Charleston car accident lawyer who can help you fight for the compensation you deserve. At Kahn Law Firm, LLP, our experienced Charleston personal injury attorneys are available 24/7 to provide you with personalized legal assistance.
Why Choose Kahn Law Firm, LLP?
- Over a Century of Collective Experience: Our team brings extensive knowledge to every case.
- Board-Certified Lawyers: We have the expertise to handle complex personal injury claims.
- No Fees Unless We Win: You don't pay anything out of pocket; our fees come from your successful settlement.
- Free Consultations: Discuss your case with us at no cost to understand your legal options.
Reach out to us at 843-920-5690 and let us help you through this challenging time. Our dedicated team is ready to meet with you during the week or on weekends, and if you're unable to visit our office, we'll come to you—whether at your home or in the hospital. Your well-being is our priority.
Take the first step toward securing the compensation you deserve. Contact Kahn Law Firm, LLP, today for expert legal guidance and representation.
Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.